Parcel delivered to wrong address missing

[hellomoon]

Hi

 

Would really appreciate some advice ...

 

I ordered some musical equipment from a german online retailer. I received an email from them advising that my order had been shipped and delivered on 24/5 however i haven’t received my parcel- I checked the order tracking on the courier website said that it had been delivered to "SHARON" - i assume this means the courier gave the parcels to one of my neighbours, the only issue being that none of my neighbours (that im aware of anyway) are called sharon (i asked around the street nobody received the parcel), ive emailed the courier asking them to confirm who "Sharon" is and ask for a copy of the delivery docket. I don’t want to think that any of my neighbours are thieves however i'm not living their too long and wouldn’t know anyone too well... anyway.. regardless i think im right to say that the courier shouldn’t have given the parcel to anyone at an address different to that instructed.

 

If it is the case that the courier have delivered the parcels to the wrong address is this the fault of the seller (they haven’t supplied me the goods) or the courier (sent to the wrong address/handed over goods to an unknown third-party).

 

The courier is a partner of the online retailer - T&C of the retailer say the following re delivery:

 

Quote:

"Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Musikhaus Thomann e.K., the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly."

 

Im not a legal expert but i only have a contract with the seller to pay for the goods and then the buyer should supply goods to the address given. How can the seller/courier can decide to deliver to a different and deem the contract completed? Am i correct ?- the courier is their partner they chose that company to supply the goods to me its their duty surely to ensure that the courier delivers to the address as requested?

 

Sale of goods and supply of services act says

 

Quote:

the goods remain at the seller’s risk until they are delivered to the consumer.

Does the act supersede T&Cs of online order?

 

 

I heard nothing but horror stories about this courier company and Im assuming the retailler are just going to point me towards the courier ... What’s the best thing for me to do if the retailer or courier fob me off?

 

I dont want to just accept that my neighbours have robbed my parcel.

 

Help appreciated if this topic has been covered before please post a link...

 

Thanks guys

[banker_rhymes_with]

Hello Hellomoon!

 

I would just tell the Supplier that you have not received what you ordered.

 

Ask them to investigate, because it sounds like they instructed the Carrier, not you.

 

It's their problem, not yours.

 

The fact that you can see it's been delivered to "Sharon" is just useful, it doesn't change the fact that nothing has been delivered to you, or to your Address. For all you know, "Sharon" could be in the next town, or a random name entered by a crooked delivery driver.

 

If you paid by Card, see if you can instigate a Charge-Back. Likewise, if you paid via PayPal, or bought via eBay, follow their usual procedures to report non-delivery.

 

The main problem will be the fact they are in Germany, but that should not alter your own ability to make it clear to them the Goods you ordered, have not arrived. Likewise, it should not stop you from seeking a refund via which ever method you used to pay.

 

Cheers,

BRW

[Conniff]

If you want some help, this is the Euro version of CAB, give them a ring or email:

 

European Consumer Centre UK

Director: Jediah Mayatt

1 Sylvan Court, Sylvan Way,

Southfields Business Park

Basildon Essex UK SS15 6TH

Tel +44 (0) 8456 04 05 03

Open Monday to Thursday 10:00am to 4:00pm, Friday 10:00am to 3:30pm

Fax +44 (0) 8456 08 96 00

ecc@tsi.org.uk

www.ukecc.net

[Winnie Wotsit]

I didnt realise this was an outdated thread